Wilson v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1886, which directed judgment in favor of defendant upon a case submitted under section 1279 of the Code of Civil Procedure. Defendant contracted to sell and plaintiff to purchase certain real estate.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1886, which directed judgment in favor of defendant upon a case submitted under section 1279 of the Code of Civil Procedure. Defendant contracted to sell and plaintiff to purchase certain real estate. At the time fixed by the contract defendant tendered a conveyance in the form prescribed, hut plaintiff refused to accept the same and complete the purchase, alleging a defect in title. The question presented was as to the validity and sufficiency of defendant’s…
1Opinion of the Court
Ruger, Ch. J.
In October, 1875, William I. Yeomans died seized of real estate in Dutchess county, leaving a will by which such land was devised as follows: “ I do give and bequeath to my son Henry J. Yeomans the use of my farm during the term of his natural life, and at his decease to be equally divided among his children, should he leave any, but should there be no issue or descendants him surviving, then to be equally divided among my brothers and sisters’ children or issue.”
In September, 1877, proceedings were taken by the executors to sell such real estate for the payment of the debts of…
2Cases cited1 opinion
- Monarque v. . MonarqueNew York Court of Appeals · 1880
3Cited by6 opinions
- Sage v. WheelerAppellate Division of the Supreme Court of the State of New York · 1896
- Hovey v. NellisMichigan Supreme Court · 1894
- Williams v. HedrickCourt of Appeals for the Seventh Circuit · 1899
- Richmond v. Freemans National BankAppellate Division of the Supreme Court of the State of New York · 1903
- Sage v. WheelerAppellate Division of the Supreme Court of the State of New York · 1896
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